In the run-up to Christmas 2024, the number of Warnings Herrnhuter Sterne GmbH, represented by the law firm SKW Schwarz Rechtsanwälte, against traders offering alleged imitations of the well-known Herrnhuter Sterne.

Background to the warnings from the Herrnhuter Stern

A Herrnhut Star is a traditional poinsettia that has its origins in the religious community of the Moravian Brethren. It is often used as a decoration during Advent and Christmas and is particularly known for its characteristic geometric shape.

Characteristics of the Herrnhut star:

• DesignThe star usually has 26 points (17 square and 8 triangular), which gives it an unmistakable appearance.
• MaterialIt is made of paper or plastic, depending on the intended use (inside or outside).
• SizesThe stars are available in different sizes, from small table decorations to large versions for churches or public places.
• ColorsThe classic color is white or red, but they are also available in other color combinations.

Origin:

The star was developed in the 19th century by the Moravian Church, a Protestant denomination. Its origins lie in the town of Herrnhut in Saxony, where this religious community has its headquarters. It is a symbol of light and hope and is known worldwide as an Advent and Christmas decoration.

Herrnhuter Sterne GmbH protects its products with registered EU trademarks, patents and registered designs. In particular, the word mark "Herrnhuter Stern" has been registered as a European Union trademark since 2011.

Accusations and demands

The retailers concerned are accused of offering products under the name "Herrnhuter Stern" that do not originate from the original manufacturer without the consent of Herrnhuter Sterne GmbH. This is regarded as a trademark infringement and unfair imitation. The warnings usually demand:

• Submission of a cease-and-desist declaration with penalty clause
• Reimbursement of legal costs, based on amounts in dispute of between €100,000 and €150,000, resulting in legal fees of up to €3,020.34
• Claims for information and damages

Legal basis

In its ruling of December 2, 2015 (case no. I ZR 176/14 - Herrnhuter Stern), the Federal Court of Justice found that the Herrnhuter Stern protection under competition law enjoys. Accordingly, the imitation of a product with a competitive character can be unfair, especially if there is a risk of confusion and the imitator does not take sufficient measures to avoid this risk.

Recommendations for affected retailers

If you have received a warning letter:

1. Keep calmDo not sign the enclosed cease-and-desist declaration prematurely and do not make any payments.
2. Examination of the allegationsHave a specialized lawyer check whether a trademark infringement has actually occurred.
3. Adapted cease-and-desist declarationIf necessary, a modified cease-and-desist declaration should be submitted in order to avoid disadvantages.
4. Taking recourse against suppliersIf the products complained about come from a supplier, check whether there are any claims against this supplier.

Preventive measures

To avoid future warnings:

• Product testingMake sure that the products offered do not infringe any protected trademark rights.
• Legal advice: Seek regular advice from a specialist lawyer for intellectual property rights.

Conclusion

Herrnhuter Sterne GmbH takes consistent action against alleged trademark infringements. Retailers should therefore check their offers carefully and seek legal advice if they are unsure in order to avoid costly warnings.

Get in touch with us

If you have received a warning letter or need legal advice in the area of trademark law or competition law, we are at your side with our expertise. Contact us for individual advice and effective support.